The Outlaw
by ladybrit
Summary: Cole Yankton dies at the end of Kitty's Outlaw (S3 Ep4). This is a "what if?". Supposing Cole lived- what would have happened.


**The Outlaw**

"So how is Cole Yankton doing Doc?

The Marshal was standing by the stove in his office pouring coffee into two mugs. He turned around and handed one to Adams.

"Just what do you intend to do with him, Matt?"

"He robbed a bank – there's only one thing I can do with him."

The older man took a mouthful of his coffee and set the mug down on the table

"Kitty's been up there with him day and night since you brought him in. It's just tearing her apart."  
"You think I don't know that?" the Lawman's words were soft and mumbled as he stared morosely into his cup, concentrating on the soft ripples that moved over the surface of the dark liquid. He had seen how Yankton had eyed the beautiful red head when he first came into town. Even more than that, he had seen how she returned those fond gazes to him. That smile, those eyes – they used to look at him in that way – but not for the last six days. Somehow she could hardly even bring herself to look him, let alone smile.

"I'm a lawman Doc and that man held up a bank, half of Dodge saw him and his friends leaving town with the money, it's not like there is any doubt as to his guilt. There is only one thing I can do."

"You mean you'll have him stand trial?"  
"There's no choice, what else do you expect me to do?"

The Physician sighed deeply shaking his head, then pulled on his ear before wiping his hand across his face. "Well I guess he's well enough to leave my office whenever you want to come and get him." He picked up his medical bag and headed for the door.

"Don't think I'm enjoying this, Doc, it's my job and I can't make an exception." The words followed the physician as he took his leave.

Matt stood there contemplating the back of the closed door for several seconds after Doc had left. Then, deliberately pulling himself away from the conflict invading his mind, he walked over to the desk to sink into the familiar old wooden chair where he sat with his back was against the wall – both literally and figuratively.

-XX-

Six days had passed since Marshal Matt Dillon and his assistant Chester Goode had brought the wounded bank robber back to town. Six days since he and Doc Adams had listened to Kitty Russell pour her heart out about her first love, Cole Yankton. The man had been near death by the time they got him to the doctor's office, Matt had stood and watched as Doc removed the bullet, then stayed as Kitty burst into the small surgery to take up a position by the man on the examination table. The way she had said his name, "Cole," had sent a rush of emotion through the normally calm lawman's body. Deep down he accepted the fact that Kitty must have known other men before she came to Dodge, but somehow they had been faceless, nameless spirits that never saw the light of day. This was different – a living, breathing man who was holding her attention, they were like two magnets being drawn towards each other. Matt was not a jealous man by nature, but looking back on those few moments when he had first understood how strong the attraction was between these two people, he knew it was then that the unfamiliar emotion had started to rise within him. Somehow he never believed that Kitty would have helped Cole Yankton and his friends by taking the Marshal to eat supper at that little restaurant on the far edge of town. With him out of the way it left the outlaws a good opportunity to rob the bank and surely gave the impression that it had been planned. Now his spirits rose to new heights when he listened to her explain that Cole had been good enough not to ask her to do that. He thought it was going to be all right then, after all Doc thought the man was going to die from his injury, but that was six days ago. Somehow Cole had lived and he, Matt Dillon, had gone through six days of watching Kitty climb those stairs to sit with the man she had claimed as her first love.

He had tried to talk to her, but somehow the casual conversations that usually came so easily to them, had become too difficult to even start and so he had seen less and less of her as the days passed.

He could not understand what Yankton had to offer a woman like Kitty, what attracted her to this very average man who apparently made a living by gambling and breaking the law? Maybe she didn't know about that last part, he surely hoped that was the case.

Right now he had a job to do. Walk down the street, climb those stairs and arrest Cole Yankton on charges of bank robbery, then walk him back along Front Street and lock him in the jail. He could not let himself think any further than that, not think about the trial that would follow as soon as the Judge arrived in town. That time would be at least another week away. A week during which he had to watch while the blue eyes that usually said so much to him, now held conversations with Cole Yankton.

His fingers strayed, unconsciously to the star shaped piece of metal pinned to the faded red shirt he wore. He had accepted a long time ago that it ruled his life and sometimes his heart, mostly that was the way he wanted it, but right now he could easily take it off and lead a totally different existence.

He got up from his desk and taking his gun belt from the peg by the door leading to the cells, fastened it around his waist. Then he turned and walked towards the door that led onto Front Street, collecting his hat along the way. With all the determination he could muster he made his feet carry him step by hated step towards the doctor's office.

-XX-

Kitty was standing by the bed in Doc's back room. He could see her there through the crack in the door. She was helping Yankton on with his shirt, how many times had she been there to do the same thing for him? Somehow she must have sensed his presence because she turned her head to look at him. This whole thing was becoming more difficult by the minute.

He took a breath and slowly let it out as he walked through the door into Doc's bedroom.

"Kitty," he acknowledged touching his hat. He watched as she fastened the last of the buttons on Yankton's shirt, then she looked directly into his face "Do you really have to do this Matt?"

"You know better than to ask me that." He couldn't help it, there was a bite in those words when he said them. "C'mon Yankton, I'm taking you down to the jail." He reached down and took the outlaw's arm, maybe a little more roughly than necessary. Yankton grimaced as he was dragged to his feet.

Matt pushed the outlaw ahead of him towards the door. He couldn't bear to look at Kitty's face, just kept looking straight ahead at the back of his prisoner.

-XX-

When Yankton had first ridden into town, Kitty had been so excited. Seeing someone from her past, especially someone she had looked up to and, at the time, thought she was in love with, was an exciting experience. She remembered how she had felt about him. He was the first man to treat her like a woman instead of a child, the first grown man she ever knew. He hadn't stayed around too long but she always remembered those few weeks. It was as if the sun shone on her every minute she was with him, and she had missed him so much when he had left.

She recognized him the instant he rode into Dodge, at first thinking that maybe he wouldn't recognize her, but he did, and when he stopped and talked to her on the street the feelings of an infatuated fourteen year old girl came bubbling right back to the surface. Somehow she knew Matt had seen her with him and must be wondering what was going on, but she was certain there was no way to explain things to him. How could he understand?

She felt bad for Matt, she really needed to talk to him – to tell him that Cole was nothing more than an old flame that she enjoyed seeing again, it wasn't like she was still in love with Cole Yankton, she told herself.

That evening in the Long Branch, Matt was sitting next to her at their table in the back of the saloon. She kept trying to start the conversation, she really wanted to tell him but the right words wouldn't come, and when she happened to look up, Cole was standing there. She could feel Matt tense up and knew what he was thinking. The smile did not leave his lips and his body did not change position, but his warm smiling blue eyes became cold. Before she had chance to divert Cole'hs attention, the man had taken her outside. True, she hadn't objected much when he took her in his arms and kissed her. To be honest she had to admit that she had responded to his touch, it was all she could do not to melt away right then and there, but deep down she knew it was not the love like she felt for Matt. This was just that old teenage crush unearthing itself.

She and Cole had sat and talked a while, it was like he wanted to ask her something, but he never did, they just indulged in a little small talk and laughed about old times.

That night she was alone in her room. It was late and she missed Matt's warm presence as she undid her hair and got ready for bed. She knew he would be sleeping down at the jail on that uncomfortable old cot. He should be here beside her. How did this happen? Matt was the best thing in her life, even though sometimes she was forced to take second place to that infernal badge. She could only imagine how hurt and confused he was feeling. She decided then and there that tomorrow they would go to the little Mexican restaurant on the edge of town where no one would notice them and then she would explain everything. Most likely Cole would be leaving town soon and then this would all blow over, she hoped so anyway. It had felt good to have Yankton pay her that much attention, almost court her. She knew it wasn't real, but for a short while it had made her feel very special.

-XX-

They rode in the buggy Matt had borrowed to the little restaurant on the edge of town. The conversation had been a little stilted to start with, but soon they had forgotten the problems of the last few days and drifted back into their usual easy ways. Matt had obviously made an effort to dress up for the evening and she appreciated that. Cole Yankton could never hold a light to this big tall cowboy – her cowboy. The evening went well, she wanted to explain her relationship with Cole but as usual Matt had said she didn't need to explain anything. She intended to do so anyway but some how or another at the critical moment, Chester had found them with the news of the bank holdup. That of course put a different light on things. She could tell by the look on Matt's face when Chester told him what happened. Did he actually think she had had anything to do with that?

There was doubt in his eyes – she could tell - and it hurt that he could even consider for a moment that Yankton had asked her to take the Marshal out of town for the evening. It hurt even worse that he could think she had agreed to do it.

-XX-

She did not see Matt and Chester bring Cole back to town in the wagon. Rumor was that they had tracked the outlaws and killed two of them. Yankton had been badly wounded – shot by the Marshal so she heard.

Her feelings were so confused that she could not face Matt. She wanted so much to walk along to his office and feel the strength of his arms around her. She wanted to bury her face in his broad chest and cry, but right now that comfort was not available to her. Instead she made her way to Doc's office, carefully climbed the steps, not intending to hurry, but on the other hand wanting to see Cole if he was still alive.

She placed her hand on the doorknob and with a full complement of butterflies in her stomach, opened the door. One glance around the room told her this was not going to be easy. Doc was standing protectively by his patient and Matt was across the room from him. They were both staring at her; there was nothing much she could say to either of them so she forced herself to concentrate on Cole. Walking to where he lay on the table, she put her hand on his arm. "Cole" that was all she could say, her throat seemed to be closing. He looked at her, trying to talk. She smiled at him. "I'm glad I didn't ask you to help," was all he managed to say. She told him to rest, not to try to talk. He closed his eyes and his head fell to one side.

"Doc," she called in alarm. The Physician put his stethoscope to his ears and pulled back the sheet to listen t his patient's heart. The sounds were there, faint and irregular, but at least the man was alive for the moment.

Doc squeezed her hand gently. "His chances are not good, but he is still alive."

It was then she found the courage to turn and face Matt. She started to tell the two men about how she had met Cole when she was little more than a young girl, how he had made her feel, how he was the first man she knew. Matt tried to stop her, saying that no explanation was necessary, but she wanted to tell them, wanted them to understand. Especially Matt, she never intended to hurt him, of course he wouldn't admit it if she did, he always told her he didn't have the right to ask her to commit to him.

"He did a wonderful thing Matt – he never asked me to help him by taking you away from town that evening."

Although Matt had never truly believed Kitty would have helped Yankton in his plans to rob the bank, maybe the shadow of a doubt had existed in the back of his mind but now that too had been chased away. He wanted to hold her, tell her it was all over now, but he knew it wasn't. As long as Cole Yankton lived there would be a wall between them.

-XX-

Matt closed the cell door with a loud clanging of keys and Yankton was secured in the jail. Matt had said very little to him on the way from Doc's office, mostly because he did not trust that he could control his feelings towards the man once he got started. He left the cell area and closed the door separating it from the office. His emotions were crowding in on him and he had to find himself some space to think. He had known for a long time that next to the badge he wore and the oath that went with it, Kitty had become the most important thing in his life, the one thing that was always there in the background even if he was miles from Dodge, out there alone on the trail somewhere. He could always hear the sound of her voice in his mind, and if he closed his eyes he could see her standing there. He would always see her in that blue frilly robe she would sometimes wear in the evenings when they were alone together in her room. He always imagined her with that red hair hanging loose to her shoulders. Somehow he had never even thought that another man could take her attention from him the way Yankton did. Sure he told her often enough that he had no right to lay claim to her, and yet now, when the situation arose, it stirred feelings in him that he was not familiar with, feelings almost of hate for Yankton, jealousy that the outlaw had become the recipient of Kitty's affection, and just a plain sadness because he missed her company.

He wondered where Chester was, somehow he had not seen much of his assistant these last few days, almost as if the man had been avoiding him. He needed to tell him they now had a prisoner in the cells who would need watching and feeding. Matt did not really want the trial to be held here in Dodge, even though the friendship between himself and Kitty was strained at the moment, he did not want her to be hurt any more than she had been already. He told himself that if Yankton had been a good man, who could make Kitty happy and give her everything she wanted, he would have been able to let her go, but now he knew he had been fooling himself with that thought.

-XX-

It was late that evening or possibly early the next morning and Kitty was once again alone in her room. She could cry for the man she loved, but also for the man who was now locked in a jail cell. How did this whole mess come about? She wondered if Matt might come by even now. She hadn't seen him make his evening rounds, and then poor Cole – just recovering from a gunshot wound was having to sleep in that draughty jail on one of those hard cots. She wondered where Matt was sleeping tonight, if Chester was sleeping at the jail he might be over in that small room he kept at Ma Smalley's. She almost considered going to look for him but there came a knock at her door, a soft gentle familiar knock, and then a voice,

"Kitty it's me, can I come in?"

He never asked that in the evening, he knew he didn't have to. She glanced in the mirror and fingered her hair back into place, the rest of her face looked presentable in the soft light from the oil lamps. She crossed to the door and opened it. He stood there running the brim of his hat through his hands, hands that could be so soft and gentle yet could knock most men to the floor with just one punch.

"I came to see if you were all right."

"Why shouldn't I be?" The minute she spoke she knew she did not intend those words to come out like that.

"Matt, I'm sorry, come on in."

He stepped over the threshold almost like a kid being invited into some finely furnished room reserved for special company.

"I didn't want to bother you, just let you know that Yankton is fine. Chester brought him some supper an' all and.." he obviously didn't know what else to say.

"Oh Matt," it was a sigh – all she could manage. She wanted to fall into his arms and feel the comfort there, but couldn't do it.

He started running his hat through his fingers again. She took it from him and hung it in its usual place on the peg by the door.

"I didn't plan to stay Kitty. Just wanted you to know the trial will be in about five days time, and I thought – well maybe you might like to go visit one of your friends for a few days."

"You know I won't do that don't you? Cole was a good friend to me at one time and the least I can do is be here for him."  
"Kitty there are witnesses and evidence, he will be found guilty and sentenced to prison."

She knew he was trying to help her, but somehow it just made her angry,

"Evidence – I guess that includes the bullet you nearly killed him with, and the fact that I suggested a restaurant on the edge of town."

"No Kitty please listen. I was just doing my job…"

"Your job… why does that always come up when we try to have a serious conversation?"

He had no answer.

"I'm sorry Kitty."

"So am I, I guess it's time for you to go make rounds." She picked up his hat and gave it to him then opened the door for him to leave."

"Guess I'll see you later then." His voice was quiet, almost crushed, she wanted to call him back, but something wouldn't let her do that, and the minute he had walked across the landing and started down the stairs she felt the warm salty tears stinging her eyes. She hastily closed the door and threw herself onto the bed grabbing a pillow and burying her face in it as uncontrolled sobs wracked her whole being.

-XX-

The time dragged on. Kitty tried to visit Cole at least once a day, and Matt made it his business to leave the office in Chester's hands while she did so. He hoped for some assignment to take him out of town for a few days, but of course none ever came.

Finally on the evening of the fifth day, Judge Bollinger climbed down from the Wichita stage. Matt had never met him before. He was a younger man than Judge Brooker and because he had never been in Dodge, he asked Matt to show him around and wanted to see where the court room would be set up tomorrow. He also wanted to be told about the cases he would be hearing and suggested they discuss them over dinner.

The two men sat at a corner table in Delmonico's – it was too early for the evening crowd so they had enough privacy to discuss tomorrow's business. Matt only had three cases other than Cole Yankton. He explained the other three very briefly, then he got to the bank holdup and robbery. Coldly and factually he described how the three outlaws had ridden into town in the early evening and entered the bank just as it was closing. They had got away with fifty thousand dollars but they did not shoot anyone – just fired their guns in the air as they rode out of town according to several witnesses. Matt described how he and Chester had tracked the outlaws to their camp where a gun battle had ensued. Two of the outlaws were killed and one was wounded, that was the man in jail awaiting tomorrows trial. The Marshal had recovered all the money and returned it to the bank. The outlaw, Cole Yankton had spent almost a week at the doctor's office recovering, but had been at the jail for the last five days.

Judge Bollinger listened carefully to the details nodding his head at several points in the narration but never interrupting. "I trust that you will have several of those witnesses available to take the stand tomorrow Marshal."

"I will Judge."

"If you will direct me to the Dodge House I think I will have an early night, I would like to get started by 8 o'clock tomorrow as I have to travel on to Cimarron. I think it would be best if we start with the bank robbery case, that way while the jury is deliberating I can deliver judgment on the three civil cases you have. I hope to be finished by early afternoon because there is a stage leaving at 3.30 and I would like to be on it."

"I'll have everything ready for you Judge."

Matt didn't sleep at all that night. His heart ached for Kitty, partly because he wanted her with him, and partly because of what she was going to go through tomorrow. She would probably never speak to him again after the trial, but it worried him that she could not even find happiness with Yankton.

Whichever way he looked at it none of the three people involved were going to come out of this unscathed.

Next morning with a heavy heart he walked across to the Dodge House to make sure that the courtroom was all set up and everything that the Judge would need was at hand. The usual crowd of onlookers came in to get a seat at the proceedings, not that most of them were really interested but it made a break from the monotony of town life and gave them something to talk about in the days ahead. He saw Kitty walk in, holding on to Doc's arm. She would not look at him and that hurt worse than anything.

At exactly 8 o'clock the acting bailiff ordered the crowd to stand and the Judge entered and took his seat at the makeshift bench, which, in reality, was a well worn table from one of the guest rooms.

The judge took his place and the bailiff told everyone else to be seated and no talking. The jury was brought in and took their assigned seats.

"Marshal is your first case here?"

Matt looked towards the doorway just in time to see Chester escorting Yankton across the street. Out of the corner of his eye he could see Kitty and knew by the look on the face he knew almost as well as his own, that she was close to tears. Doc was holding her arm in a fatherly way and, good as that was, he wished he could be with her to give her strength. Even so he doubted it would help her much. She just didn't seem to want him near her and that was the most painful thing of all.

Yankton in handcuffs, closely followed by Chester carrying a rifle, entered the courtroom and Matt directed the prisoner to the chair set beside his own.

When the room was quiet and settled again Bollinger struck his gavel calling the court to order. Then he asked Yankton to stand.

"Marshal would you read the charges against this man please."

Matt took a breath, he hated what he was about to do, it would mean the end of any friendship between him and the woman he loved. Yes, he loved her – he could admit it to himself now. Carefully and with his usual preciseness he recounted the events of the bank raid, how he had tracked the hold up men, and recovered the money. He described how all three of the men had resisted arrest and a gun battle ensued where two of the men were killed and Cole Yankton was injured. He tried not to look at the beautiful lady sitting on the back row with her arm entwined with Doc's. He saw the gentleness in the old Physicians touch as he was patting her hand.

He was brought back to reality by the judge's voice.

"How do you plead?" he was asking the outlaw.

Yankton hesitated a moment, took a breath and in a clear loud voice said

"Guilty your honor."

Matt was stunned to say the least, he could see that Kitty was not believing what she heard either– although she knew it to be the truth.

The Judge declared a ten-minute recess and everyone stood as he left the courtroom. Matt sat solidly next to his prisoner, trying not to think about his beautiful red head sitting several rows behind him, and saying nothing at all to anyone.

The Judge returned to pronounce sentence. Since the money had all been recovered and no one had been hurt – except for Yankton himself, he passed the minimum sentence allowable, ten years in state prison. He ordered the Marshal to escort the prisoner to Hays City and arrangements would be made to transfer him from there. The remainder of the cases went just as easily, and when they were all finished and the Judge safely on the stage to Cimmaron, Matt sat at his desk for a while – not believing how totally exhausted he felt. He was still unable to understand why Yankton had pled guilty. After a while he got to his feet and went back to the cells. He stood looking at his prisoner who was stretched out on the cot, hands behind his head looking more relaxed than he himself felt.

"Why did you do that Yankton, you could have argued some of those charges."

"I did it for Kitty, Marshal, I thought I owed her that much. I may be locked away in here but I can still see what this has done to her. I never intended to hurt her like that. It was just going to be a simple bank job, then when my friends saw her …" he was thinking for a word, "connection with you, they saw an easy way to get you out of town."

Matt listened, but said nothing.

"I never did ask her to do that Marshal, she had no idea what we were planning. I had told her I was just passing through Dodge and decided to look her up. Believe me, she knew nothing."

"I believe you Yankton, more than that I believe Kitty. She told me you never asked her."

"When are we leaving for Hays."

"Early tomorrow, it's a two day ride so we will get an early start." He was hoping he could get the outlaw out of town before Kitty was even awake. He didn't think he could face any fond farewells.

-XX-

It was barely daylight when he placed the handcuffs on Yankton and led him out to front street where two horses were saddled up and waiting. He had the prisoner mount up then checked his canteen and rifle before getting on his own horse. The pair headed off up Front Street.

He could see that familiar face behind the doors of the Long Branch. When she saw them approach she stepped out into the street. How many times had she come out like this to give him a parting smile and tell him to be careful? He knew that would not be this time. She was here for Cole Yankton. The buckskin he was riding knew the routine and veered off towards the saloon. He was holding the reins to Yankton's horse so of course he followed. He thought for a minute that Cole was going to bend to kiss her, but instead he just smiled at her.

"Don't worry about me Kitty, I'll be fine now. You have a good life here, you don't need me. Take care of yourself."

She went up to him and laid a hand gently on his leg.

"Goodbye Cole, it was good seeing you again."

She turned to Matt, "Be careful Cowboy, I'll see you when you get back."

She smiled at him, that gentle smile he knew so well.

That was it, just like nothing had happened these last few weeks.

"I'll see you Kitty." He knew that everything would be alright when he got back to Dodge.

He urged his horse forward and she stood there, a small lone figure in the dusty street, watching the two riders until they were out of sight.

END


End file.
